67 So. 3d 799
Miss. Ct. App.2011Background
- Dr. Lambert, a cardiothoracic surgeon, sued Baptist Hospital-North Mississippi and Baptist Health Services after being terminated.
- Employment contract with Baptist Health Services dated February 26, 2004; hospital had numerous complaints about Lambert’s anger and behavior.
- Lambert underwent discretionary interview; referred to MPHP and Pine Grove Recovery for evaluation.
- Dr. Anderson recommended a five-year monitoring contract, intensive treatment, and possible second opinions; Lambert’s staff privileges were suspended.
- Hospital terminated Lambert based on suspension; Lambert did not pursue a hearing; circuit court granted summary judgment for Hospital and Baptist Health Services.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Breach of contract via implied covenant | Lambert asserts implied covenant breach in enforcement of contract. | Hospitals acted within contractual rights to terminate for cause. | No breach; termination proper under contract. |
| Defamation from Data Bank report | Statement that Lambert was unable to practice safely was false. | Report accurately reflected concerns from Anderson’s evaluation. | Summary judgment upheld; no false statement proven. |
| Intentional infliction of emotional distress | Termination and data-bank reporting were outrageous, causing distress. | Actions were not outrageous beyond all bounds of decency. | No genuine issue; judgment affirmed. |
Key Cases Cited
- Limbert v. Mississippi Univ. for Women Alumnae Ass’n, Inc., 998 So.2d 993 (Miss. 2008) (implied covenant not breached by exercising contract rights)
- GMAC v. Baymon, 732 So.2d 262 (Miss. 1999) (contractual rights exercised in good faith)
- Morris v. Macione, 546 So.2d 969 (Miss. 1989) (good faith defined in performance of contracts)
- Cenac v. Murry, 609 So.2d 1257 (Miss. 1992) (definition of good faith in contract context)
- Univ. of S. Miss. v. Williams, 891 So.2d 160 (Miss. 2004) (bad faith requires more than mere bad judgment)
- Bailey v. Bailey, 724 So.2d 335 (Miss. 1998) (bad faith conduct elements in contracts)
- Smith v. Magnolia Lady, Inc., 925 So.2d 898 (Miss. Ct. App. 2006) (defamation elements and proof of falsity required)